118th CONGRESS 1st Session |
To amend provisions relating to the Office of the Inspector General of the Government Accountability Office, and for other purposes.
May 10, 2023
Mr. Braun (for himself and Mr. Peters) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs
To amend provisions relating to the Office of the Inspector General of the Government Accountability Office, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
This Act may be cited as the “GAO Inspector General Parity Act”.
SEC. 2. Office of the Inspector General of the Government Accountability Office.
Section 705 of title 31, United States Code, is amended—
(i) by inserting “(A)” before “The Inspector General”;
(ii) in subparagraph (A), as so designated, by striking the second sentence; and
(iii) by adding at the end the following:
“(B) If the Inspector General is removed from office or is transferred to another position or location within the Government Accountability Office, the Comptroller General shall communicate in writing the substantive rationale, including detailed and case-specific reasons, for any such removal or transfer to both Houses of Congress (including to the appropriate congressional committees), not later than 30 days before the removal or transfer.
“(C) If there is an open or completed inquiry into the Inspector General that relates to the removal or transfer of the Inspector General under subparagraph (A), the written communication required under subparagraph (B) shall—
“(i) identify each entity that is conducting, or that conducted, the inquiry; and
“(ii) in the case of a completed inquiry, contain the findings made during the inquiry.
“(D) Nothing in this paragraph shall prohibit a personnel action otherwise authorized by law, other than transfer or removal.”;
(B) by redesignating paragraph (3) as paragraph (4);
(C) by inserting after paragraph (2) the following:
“(3) (A) Subject to the other provisions of this paragraph, only the Comptroller General may place the Inspector General on non-duty status.
“(B) If the Comptroller General places the Inspector General on non-duty status, the Comptroller General shall communicate in writing the substantive rationale, including detailed and case-specific reasons, for the change in status to both Houses of Congress (including to the appropriate congressional committees) not later than 15 days before the date on which the change in status takes effect, except that the Comptroller General may submit that communication not later than the date on which the change in status takes effect if—
“(i) the Comptroller General has made a determination that the continued presence of the Inspector General in the workplace poses a specific threat; and
“(ii) in the communication, the Comptroller General includes a report on the determination described in clause (i), which shall include—
“(I) the substantive rationale, including detailed and case-specific reasons, for the determination made under clause (i);
“(II) an identification of each entity that is conducting, or that conducted, any inquiry upon which the determination under clause (i) was made; and
“(III) in the case of an inquiry described in subclause (II) that is completed, the findings made during that inquiry.
“(C) The Comptroller General may not place the Inspector General on non-duty status during the 30-day period preceding the date on which the Inspector General is removed or transferred under paragraph (2)(A) unless the Comptroller General—
“(i) has made a determination that the continued presence of the Inspector General in the workplace poses a specific threat; and
“(ii) not later than the date on which the change in status takes effect, submits to both Houses of Congress (including to the appropriate congressional committees) a written communication that contains the information required under subparagraph (B), including the report required under clause (ii) of that subparagraph.
“(D) Nothing in this paragraph may be construed to limit or otherwise modify any statutory protection that is afforded to the Inspector General or a personnel action that is otherwise authorized by law.”; and
(D) in paragraph (4), as so designated—
(i) by inserting “(A)” before “The Inspector General”;
(ii) in subparagraph (A), as so designated, by striking “be paid at an annual rate of pay equal to $5,000 less than the annual rate of pay of the Comptroller General” and inserting “have a rate of basic pay that is not less than the average rate of basic pay of all other employees of the Government Accountability Office in positions established under section 732a or 733 of this title”; and
(iii) by adding at the end the following:
“(B) The Comptroller General shall establish the amount of the annual adjustment of the rate of basic pay for the Inspector General in an amount equal to the average of the annual adjustments in the rate of basic pay provided pursuant to section 733(a)(3)(b) of this title to all other employees in positions established under section 732a or 733 of this title.”;
(A) by striking “The Comptroller General” and inserting the following:
“(1) PROHIBITION.—The Comptroller General”; and
(B) by adding at the end the following:
“(2) BUDGET INDEPENDENCE.—The Comptroller General shall include the annual budget request of the Inspector General in the budget of the Government Accountability Office without change.”; and
(A) in paragraph (1), in the second sentence, by striking “, except that no personnel of the Office may be paid at an annual rate greater than $1,000 less than the annual rate of pay of the Inspector General”; and
(B) by adding at the end the following:
“(5) LEGAL ADVICE.—The Inspector General shall, in accordance with applicable laws and regulations governing selections, appointments, and employment at the Government Accountability Office, obtain legal advice from a counsel reporting directly to the Inspector General or another Inspector General.”.